Legal advice/bullying police?

Legal advice/bullying police?

Author
Discussion

RudolphsOwner

Original Poster:

118 posts

148 months

Thursday 14th June 2012
quotequote all
Thanks to all the genuine replies, and to all those that just wish to discuss either female bad driving habits, or more specifically how STUPID my girlfriend is... she was not holding the phone, it was on the dashboard in the indentation which is designed to hold things (although admittedly it's not a specific phone cradle...), she was not touching it and can not even see the screen from where she sits, she simply was listening to the directions, which probably explains her 8 years NCD and previously completely clean license.

I expected replies and I apologise for not giving full exacting details when I wrote the original post however it had been a very long day and I was tired. However I am now going to remove myself from the conversation as I feel quite offended by the smarmy all knowing comments aimed at myself and my partner. I feel that a few of my fellow pistonheaders have let me down by jumping the gun and going on the personal offence when all that was needed was to wait for me to respond to the initial questions.

Thanks to:
"Pothole"
"tulloch"
"Crossflow Kid"
"TPS"
"Hustle Russell"
"james280779"

A more genuine thanks goes to those that were able to advise (on both sides) without being aholes about it.

Pothole

34,367 posts

284 months

Thursday 14th June 2012
quotequote all
RudolphsOwner said:
Thanks to all the genuine replies, and to all those that just wish to discuss either female bad driving habits, or more specifically how STUPID my girlfriend is... she was not holding the phone, it was on the dashboard in the indentation which is designed to hold things (although admittedly it's not a specific phone cradle...), she was not touching it and can not even see the screen from where she sits, she simply was listening to the directions, which probably explains her 8 years NCD and previously completely clean license.

I expected replies and I apologise for not giving full exacting details when I wrote the original post however it had been a very long day and I was tired. However I am now going to remove myself from the conversation as I feel quite offended by the smarmy all knowing comments aimed at myself and my partner. I feel that a few of my fellow pistonheaders have let me down by jumping the gun and going on the personal offence when all that was needed was to wait for me to respond to the initial questions.

Thanks to:
"Pothole"
"tulloch"
"Crossflow Kid"
"TPS"
"Hustle Russell"
"james280779"

A more genuine thanks goes to those that were able to advise (on both sides) without being aholes about it.
All that was needed was the full story, for goodness' sake.

Red 4

10,744 posts

189 months

Thursday 14th June 2012
quotequote all
OP.

If you want proper advice then go and speak to a solicitor.

If you post on Pistonheads you will get a bewildering assortment of views and advice. Often with no basis in fact. Often wrong.

Try not to take it personally. It's just how things are around here.


Baryonyx

18,034 posts

161 months

Thursday 14th June 2012
quotequote all
Do you remember when people didn't drive using a sat nav? They used to look at the road!


Moreover, they often saw the police before they heard the siren pulling them over...

ShampooEfficient

4,269 posts

213 months

Thursday 14th June 2012
quotequote all
If she wasn't touching it, what reason did the officer have for thinking she was texting?

PoleDriver

28,689 posts

196 months

Thursday 14th June 2012
quotequote all
ShampooEfficient said:
If she wasn't touching it, what reason did the officer have for thinking she was texting?
yes

This!

Milky Joe

3,851 posts

206 months

Thursday 14th June 2012
quotequote all
RudolphsOwner said:
I feel quite offended by the smarmy all knowing comments aimed at myself and my partner.
That's right save them for the old bill.

KevinA3DSG32

11,711 posts

282 months

Thursday 14th June 2012
quotequote all
PoleDriver said:
ShampooEfficient said:
If she wasn't touching it, what reason did the officer have for thinking she was texting?
yes

This!
Indeed, maybe the OP does not actually have the full story, more an edited version his other half has given him.

Pothole

34,367 posts

284 months

Thursday 14th June 2012
quotequote all
KevinA3DSG32 said:
PoleDriver said:
ShampooEfficient said:
If she wasn't touching it, what reason did the officer have for thinking she was texting?
yes

This!
Indeed, maybe the OP does not actually have the full story, more an edited version his other half has given him.
So now she's a liar? you're a terrible person! The Op's OH is never economical with the truth! The nasty policeman was very rude to her and didn't even care that her friend's whatever had died!!! How callous and uncaring you are!!

AngryPartsBloke

1,436 posts

153 months

Thursday 14th June 2012
quotequote all
mat777 said:
to all those saying the legislation is a blanket ban on using phones whilst driving even when mounted and doing satnav... if this is the case then why can one purchase a TomTom satnav app for smartphones? Hmm?
I can buy beer on my Phone, does that mean i can drink that while i drive aswell?

DaveZT260

591 posts

151 months

Thursday 14th June 2012
quotequote all
The only person who knows the real truth is the OP's girlfriend so I'm afraid the OP really showed his arse going into the Police Station to complain about something that he did not witness himself. I'm surprised he wasn't laughed out of the station by the nasty policeman.

Tiggsy

10,261 posts

254 months

Friday 15th June 2012
quotequote all
I'm quite interested in how the OP's conversation with his girlfriend went??? if my wife told me about a run in she had with the police ( or anyone else) and I responded by saying "I'm off to sort them out on your behalf" I'd be in big trouble!

streaky

19,311 posts

251 months

Friday 15th June 2012
quotequote all
harry010 said:
james280779 said:
A lawyer spends nearly a decade - most of it on one subject to become qualified. A police officer has six months to cover ALL subjects to the same standard as a Laywer. He also has to learn to make these decisions which a lawyer will spend up to five years picking apart in a matter of seconds.
I am a corporate lawyer, my brother is a Police Officer. He would be the first to admit he knows nowhere near as much about the law as I do.
But which of you knows more law ... than just "about it"? Which knows more criminal law - especially as applied on a daily basis?

Streaky

streaky

19,311 posts

251 months

Friday 15th June 2012
quotequote all
daz3210 said:
... the law states use FOR INTERACTIVE COMMUNICATION. That suggests to me that you have to be communicating with a person, not a set of satellites.
legal persons and systems "interact".

Streaky

streaky

19,311 posts

251 months

Friday 15th June 2012
quotequote all
jazzyjeff said:
J5 said:
marshalla said:
ED209 said:
Show me this pice of law then I am not aware of such a term being used?
http://www.legislation.gov.uk/uksi/2003/2695/regulation/2/made
legislation said:
(c)
“interactive communication function” includes the following:

(i)sending or receiving oral or written messages;

(ii)sending or receiving facsimile documents;

(iii)sending or receiving still or moving images; and

(iv) providing access to the internet;
Would receiving transmitted GPS information not fall under head (iii) above?
As, arguable, does Bluetooth. It's a non-exhaustive list. The courts will decide on its limits or otherwise.

Streaky

JustinP1

13,330 posts

232 months

Friday 15th June 2012
quotequote all
streaky said:
daz3210 said:
... the law states use FOR INTERACTIVE COMMUNICATION. That suggests to me that you have to be communicating with a person, not a set of satellites.
legal persons and systems "interact".

Streaky
Interesting point - I'd not though of it that way. smile

However, I do think the intention if for 'interactive communication' to be meaning between two persons. Thus, the exemption for radios?

daz3210

5,000 posts

242 months

Friday 15th June 2012
quotequote all
streaky said:
daz3210 said:
... the law states use FOR INTERACTIVE COMMUNICATION. That suggests to me that you have to be communicating with a person, not a set of satellites.
legal persons and systems "interact".

Streaky
They interact, but are they INTERACTIVE?

A GPS device simply listens for a (time based)signal, and calculates a position based on what it is receiving. The satellite that the GPS device is 'interacting' with plays no part in the interaction, save for transmitting blind the info it transmits. Hence the GPS and satellite interact, but the communication is not interactive if you get my drift.

Interactive to me means that some alteration to response is required by the recipient at each end of the communication loop.


ED209

5,778 posts

246 months

Friday 15th June 2012
quotequote all
Notin proper control of vehicle would also cover this anyway, if the op persists in arguing that holding a phone in order to navigate is not using it.

Would the hypothetical man/woman on the street class navigation using their phone as using it? Of course they would!

JustinP1

13,330 posts

232 months

Friday 15th June 2012
quotequote all
ED209 said:
Notin proper control of vehicle would also cover this anyway, if the op persists in arguing that holding a phone in order to navigate is not using it.

Would the hypothetical man/woman on the street class navigation using their phone as using it? Of course they would!
Unfortunately the 'man on the street' does not define what the law is, and the 'man on the street' is usually a crap lawyer...

jazzyjeff

3,652 posts

261 months

Friday 15th June 2012
quotequote all
JustinP1 said:
ED209 said:
Notin proper control of vehicle would also cover this anyway, if the op persists in arguing that holding a phone in order to navigate is not using it.

Would the hypothetical man/woman on the street class navigation using their phone as using it? Of course they would!
Unfortunately the 'man on the street' does not define what the law is, and the 'man on the street' is usually a crap lawyer...
Plus if the nav software they're using is pretty poor, chances are we can't even establish which street they're on anyway...